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ORDINANCE ON TOURISM

ORDINANCE ON TOURISM

(No. 11/1999/PL-UBTVQH10)

In order to develop domestic and international tourism, promote bilateral exchange and mutual understanding among nations; enhance the effectiveness of State management over tourism and contribute to the national socio-economic development;

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam;

Pursuant to the Resolution of the X th National Assembly, 4th session on the legislative program during the X th National Assembly�s tenure and the 1999 legislative program;

This Ordinance provides for tourism.

Chapter I

GENERAL PROVISIONS

Article 1.- The State of the Socialist Republic of Vietnam considers tourism to be an important and comprehensive economic branch with profound cultural contents of an inter-branch, inter-regional and highly-socialized character; development of tourism is aimed at meeting the demand for excursion, recreation and rest of the people and foreign tourists, thus contributing to raising the population�s educational standard, generating more jobs and bringing about socio-economic development in the country.

Article 2.- This Ordinance regulates tourist activities; determines the rights and obligations of tourists as well as of organizations and individuals doing tourist business in the Socialist Republic of Vietnam.

Article 3.- The State exercises the unified management over tourist activities; and ensure that tourism is developed along the line of cultural and ecological tourism while preserving and bringing into play the cultural identity and the fine traditions and customs of the Vietnamese nation.

Article 4.- The State respects and protects the tourists� legitimate rights and interests; encouragse and creates favorable conditions for Vietnamese to travel within the country and abroad, as well as for overseas Vietnamese and foreigners to travel to Vietnam.

Article 5.- The State protects the legitimate rights and interests of organizations and individuals doing tourist business; and encourages all economic sectors to take part in the development of tourism.

Article 6.- The State shall adopt policies and measures for the implementation of the planning on tourist development and promotion; and make adequate investments for the construction of the infrastructure and material and technical foundations for the key tourist resorts and tourist sites.

The State shall work out measures to protect, upgrade, rationally exploit and use tourist resources for the sustainable development of tourism.

Article 7.- The State encourages the expansion of international cooperation in tourism on the basis of equality, mutual benefit and conformity with the Vietnamese law as well as international agreements which the Socialist Republic of Vietnam has signed or acceded to.

Article 8.- All tourist activities which badly affect the environment, the cultural identity or the fine traditions and customs of the nation, or which infringe upon the national independence, sovereignty, defense, security and social order, and safety, are strictly prohibited.

Article 9.- State agencies, economic organizations, political organizations, socio-political organizations, social organizations, socio-professional organizations, people�s armed forces units and all individuals shall have to implement the tourist legislation and take part in tourist development.

The Vietnam Fatherland Front and its member organizations shall, within their tasks and powers, have to launch campaigns and mobilize people to take part in tourist development, preservation and protection of tourist resources; and supervise the implementation of the tourist legislation.

Article 10.- In this Ordinance, the following terms shall be construed as follows:

1. Tourism is human activities outside their habitual residence, aimed at satisfying their need for excursion, recreation and/or rest within a certain period of time.

2. Tourist is a person who makes a tour or combines traveling with touring, excluding those who travel to study, work or practice their trades for pay at the places of their arrival.

3. Tourist resources are the natural scenery, historical and revolutionary relics, humanist values and works of human creative labor, which may be used to satisfy the human need for tourism; which are the basic factor for the establishment of tourist sites and tourist resorts in order to create tourist attraction.

4. Tourist site is a place with attractive tourist resources capable of attracting tourists.

5. Tourist resort is a place where tourist resources are available with prominent advantages in terms of natural landscapes, which is included in the planning and entitled to investment development for the satisfaction of different needs of tourists, thus bringing about socio-economic and environmental results.

6. Tourist line is a route that links different tourist sites or tourist resorts.

7. Tourist business is the performance of one, a number of or all stages of a tourist process or the performance of tourist services on the market for profit-making.

8. Tour is a travel made according to a set plan, route or program.

9. Tourist accommodation are facilities doing tourist business by providing rooms, beds and other tourist services for tourists. Tourist accommodation facilities include hotels, tourist villages, villas, flats and camps for rent, of which hotels are the most important.

10. Tourist promotion are activities aimed at seeking and promoting opportunities for tourist development.

Chapter II

PROTECTION, EXPLOITATION, USE AND DEVELOPMENT OF TOURIST RESOURCES

Article 11.- Tourist resources include those under exploitation and potential resources.

Basing itself on the Government�s provisions, the tourist State management agency shall have to define areas with tourist resources.

The State shall exercise unified management over tourist resources in the whole country.

Article 12.- The State tourist management agency, the ministries, the ministerial-level agencies, the agencies attached to the Government, the People�s Committees of different levels that manage tourist resources and tourism-related resources shall have to coordinate with one another in the protection, rational exploitation and use and development of tourist resources.

Article 13.- State agencies, economic organizations, political organizations, socio-political organizations, social organizations, socio-professional organizations, people�s armed forces units and all individuals shall have to protect tourist resources.

All acts of infringing upon tourist resources shall be strictly handled in accordance with the provisions of law.

Article 14.- Organizations and individuals doing tourist business shall have to protect, exploit and rationally and efficiently use tourist resources and protect the environment of tourist resorts, tourist lines and tourist sites.

Organizations and individuals managing tourist resources at tourist sites and tourist resorts are entitled to collect charges and fees. The Government shall provide detailed guidance for the collection, management and use of such charges and fees.

Article 15.- The planning, designing and construction of projects at tourist sites and/or tourist resorts must comply with the provisions of law and be approved by the competent tourist State management agency.

Article 16.- The State shall invest in basic surveys on tourist resources; prioritize the investment in projects for the protection and improvement of tourist resources at tourist sites and tourist resorts; and elaborate policies to encourage organizations and individuals to invest in the protection, improvement, use and development of tourist resources.

Chapter III

TOURIST PROMOTION

Article 17.- The State shall elaborate policies and measures to step up tourist promotion with the following main contents:

1. Widely advertising and introducing the country and people of Vietnam; its scenery and beauty sites, its historical, revolutionary and cultural relics, its works of human creative labor and its national cultural identity, to the people of different strata inside and outside the country;

2. Raising the knowledge of society about tourism, creating a civilized, healthy and safe tourist environment, bringing into play the national tradition of hospitality;

3. Developing diversified and unique tourist resorts and tourist sites of high quality, imbued with the cultural identity of different ethnic groups in the whole country, of each region and each locality;

4. Developing the infrastructure, material and technical foundations of tourism, diversifying and raising the quality of tourist services.

Article 18.- The State shall elaborate policies to encourage and create favorable conditions for organizations and individuals to invest in the following fields:

1. Training and development of the human resource in tourism;

2. Education and publicity on tourism;

3. Conducting scientific research and application and development of advanced technologies in the field of tourism;

4. Modernization of communication and transport means as well as equipment and facilities related to tourist activities;

5. Building the infrastructure for tourist lines, tourist sites and tourist resorts;

6. Building and upgrading the material and technical foundations in the key tourist areas;

7. Making souvenirs and fine-art goods; restoring and developing traditional handicrafts;

8. Raising the quality of tours, of tourist-guide, tourist accommodation and transportation services;

9. Exploiting tourist potentials in the areas with socio-economic difficulties or special socio-economic difficulties.

Article 19.- The State shall elaborate policies to encourage the voluntary pecuniary and labor contributions of Vietnamese and foreign organizations and/or individuals to tourist promotion, protection, upgrading and development of tourist resources.

The Government shall set up a tourism development fund with part of the annual State budget revenues from tourist business activities and with contributions from organizations and/or individuals doing tourist business and other organizations and/or individuals inside and outside the country. The management and use of this fund shall be provided for by the Government.

Chapter IV

TOURISTS

Article 20.- Tourists include domestic tourists and international tourists.

Domestic tourists are Vietnamese citizens and foreigners residing in Vietnam who travel within the Vietnamese territory.

International tourists are foreigners, overseas Vietnamese who travel to Vietnam and Vietnamese citizens and foreigners residing in Vietnam who travel abroad.

Article 21.- Tourists have the following rights:

1. To select part or the entire tourist program and services provided by organization(s) and/or individual(s) doing tourist business;

2. To request the organization(s) and/or individual(s) doing tourist business to supply necessary information on the tourist program and tourist services;

3. To be given favorable conditions to clear the procedures related to their entry, exit, transit, stay or travel and customs procedures;

4. To enjoy tourist services according to the contract;

5. To have their life and property ensured during the tour;

6. To be compensated if they suffer damage caused by the organization(s) and/or individual(s) doing tourist business;

7. To complain, denounce or initiate a lawsuit against acts of violation of tourism legislation;

8. To enjoy other rights as prescribed by law.

Article 22.- Tourists have the following obligations:

1. To respect and preserve the natural scenery, lands-capes, environment, historical, revolutionary and cultural relics, national fine traditions and customs as well social order and safety at the place of their arrival for tourism;

2. To abide by the rules and regulations of the concerned tourist resort, tourist site and the establishment of their stay;

3. To pay tourist service charges according to the contract and other charges and fees as prescribed by law;

4. To pay compensation if they cause damage to the organization(s) and/or individual(s) doing tourist business;

5. To respect and observe other provisions of law.

Article 23.- The State shall apply necessary measures to prevent risks, ensure safety for tourists� life and property and prevent acts of unlawfully making profits from tourists.

Chapter V

TOURIST BUSINESS

Article 24.- Organizations and individuals doing tourist business shall have to comply with the provisions of this Ordinance and the relevant provisions of law.

Article 25.- Tourist business lines include:

1. Domestic and international tour business;

2. Tourist accommodation business;

3. Tourist transportation business; and

4. Other tourist service businesses.

Article 26.- Organizations and/or individuals may register tourist business lines provided for in Article 25 of this Ordinance, one of which must be their main line. If they want to organize domestic and international tour business, the concerned organizations and/or individuals shall have to set up enterprises.

Article 27.- To set up a tourist enterprise and register for tourist business, organization(s) and/or individual(s) shall have to satisfy the following conditions:

1. Having a personnel with good professional knowledge and health conditions suited to the tourist business line(s) and scope;

2. Having a feasible tourist business plan;

3. Having adequate material foundations and facilities suited to the tourist business line(s) and scope;

4. Having a business location compatible to the tourist business line.

Article 28.- The procedures for the establishment, split, merger, dissolution and declaration of bankruptcy of tourist enterprises; the registration of tourist business of organizations and/or individuals shall comply with the provisions of law.

The establishment of tourist enterprises, the registration of tourist business of tourist enterprises and other enterprises engaged in tourist business must be approved by the competent tourist State management agency.

Article 29.- The establishment of branches and/or representative offices of overseas Vietnamese tourist enterprises must be approved by the competent tourist State management agency.

The establishment of representative offices of foreign tourist enterprises in Vietnam for tourist promotion must be permitted by the competent tourist State management agency.

The establishment and operation of branches of foreign tourist enterprises in Vietnam shall be decided by the Government.

Article 30.-

1. To be entitled to engage in domestic tour business, an enterprise shall have to fully meet the conditions stipulated in Article 27 of this Ordinance as well as the following conditions:

a/ Having tourist programs for domestic tourists;

b/ Making payment for escrow account according to the Government�s stipulations;

2. Domestic tour business enterprises shall not be allowed to engage in international tour businesses.

Article 31.-

1. To be entitled to engage in international tour business, an enterprise shall have to fully meet the conditions stipulated in Article 27 of this Ordinance as well as the following conditions:

a/ Having tourist programs for foreign tourists;

b/ Having tourist guides compatible to the tourist programs provided for foreign tourists;

c/ Making payment for escrow account according to Government�s stipulations;

2. International tour business enterprises shall be allowed to engage in domestic tour business and shall have to elaborate tourist programs for domestic tourists.

3. International tour business enterprises shall employ only the persons with tourist guide cards to work as tourist guides for international tourists.

Article 32.-

1. A tourist guide for foreign tourists must have a tourist guide�s card.

2. To be granted a tourist guide�s card, an individual shall have to satisfy the following conditions:

a/ Being a Vietnamese citizen;

b/ Having good ethics and personal behaviors;

c/ Having suitable health condition;

d/ Mastering at least one foreign language;

e/ Having a university diploma on the tour or tourist-guide specialty or a university diploma on another specialty, accompanied with a certificate of tourist-guide training or fostering issued by a competent training establishment.

3. Tourist guide cards shall be issued by the competent tourist State management agency.

Article 33.- Organizations and/or individuals involved in tourist accommodation business must have qualified places of residence which meet the criteria set by the competent tourist State management agency.

Tourist accommodation establishments must be classified according to the regulations of the competent tourist State management agency.

Article 34.- Organizations and/or individuals involved in land and/or waterway tourist transportation business shall have to satisfy conditions and criteria on transport means and drivers as prescribed by law.

Drivers of transport means used specifically for tourists must get professional training on tourist transportation.

Article 35.- Organizations and/or individuals doing tourist business shall have the following rights:

1. To select business lines according to the provisions of Articles 25 and 26 of this Ordinance;

2. To be protected by the State for their lawful tourist business activities;

3. To join professional associations and associations for tourism promotion;

4. To enjoy other rights as prescribed by law.

Article 36.- Organizations and/or individuals doing tourist business shall have the following obligations:

1. To abide by the Vietnamese law;

2. To do business in strict compliance with the lines stated in their permits and their business registration certificates; to publicize their signboards, locations of head office, branches and representative offices;

3. To fully perform their obligations under the contracts signed with tourists; to be responsible for the quality of services and goods sold to tourists; to publicize service charges and goods prices; to undertake measures to ensure safety for tourists� life and property and provide necessary information on tours to tourists; to provide tourists guidance on the rules and regulations at the places of their arrival.

4. To pay compensations for damage caused to tourists;

5. To observe the State regulations on reporting, accounting and statistical regimes as well as on publicity and advertisement.

Chapter VI

INTERNATIONAL COOPERATION IN TOURISM

Article 37.- The State shall elaborate policies and measures to promote international cooperation in tourism with foreign countries and international organizations on the basis of equality and mutual benefit; conformity with the law of each party as well as with international laws and practices so as to develop tourism and contribute to enhancing the cooperative and friendly relationship and mutual understanding among the nations.

Article 38.- International cooperation in tourism shall have the following main contents:

1. Education and popularization on tourism;

2. Development of tourist sources;

3. Participation in international and regional tourist organizations;

4. Development of human resource in tourism;

5. Scientific research, application and transfer of advanced technologies in the field of tourism;

6. Exchange of specialists, information and experiences on tourist development;

7. Basic surveys, protection, upgrading, exploi-tation, use and development of tourist resources;

8. Elaboration and execution of tourist develop-ment projects;

9. Protection of the environment of tourist sites and tourist resorts.

Article 39.- The tourist State management agency of Vietnam is entitled to join international and regional tourist organizations and set up representative offices overseas by decision of the Prime Minister.

The setting up of representative offices of foreign tourist State management agencies and of international tourist organizations in Vietnam shall be effected in accordance with the Prime Minister�s decisions.

Vietnamese tourist associations and tourist enterprises are entitled to join international tourist associations in accordance with the provisions of law.

Article 40.- The State shall create favorable conditions for tourist cooperation of foreign organizations and individuals, and overseas Vietnamese with Vietnamese organizations and/or individuals in the country, on the basis of the stipulations in Article 38 of this Ordinance.

Foreign organizations and individuals and overseas Vietnamese investing in infrastructure construction of tourist sites, tourist resorts and facilities therein; development of human resource in tourism; protection, upgrading and development of tourist resources; improvement of the ecological environment; scientific research on tourism; study and development of new forms of tourism in Vietnam, are eligible for preferences as prescribed by law.

Chapter VII

STATE MANAGEMENT OVER TOURISM

Article 41.- Contents of State management over tourism:

1. Promulgating and organizing the implementation of legal documents on tourism;

2. Drafting and directing the implementation of strategies, planning, plans and policies on tourist development;

3. Deciding on the State apparatus for tourist management and on the coordination of State agencies in the State management over tourism;

4. Organizing and managing the training, fostering and development of the human resource in tourism, research and application of science and technology, and the protection of tourist resources and environment, preserving and bringing into play the national cultural identity and the fine traditions and customs in tourist activities;

5. Organizing and managing the work of tourism promotion and international cooperation in tourism;

6. Granting and withdrawing permits and certificates for tourist activities;

7. Examining, inspecting; settling complaints and denunciations, and handling violations of the tourist legislation.

Article 42.-

1. The Government shall exercise unified State management over tourism with the following tasks and powers:

a/ To submit to the National Assembly and the National Assembly Standing Committee draft laws and ordinances on tourism;

b/ To issue legal documents on the criteria for national and local tourist resorts, tourist lines and tourist sites as well as other legal documents on tourism;

c/ To ratify and direct the implementation of strategies, planning and plans on tourist development;

d/ To direct the organization and coordination of activities related to tourist development;

e/ To perform other tasks and exercise other powers in the State management over tourism.

2. The Prime Minister shall decide the establish-ment of the national tourist resorts, tourist lines and tourist sites and shall stipulate the management of the national tourist resorts and tourist sites.

Article 43.- The General Department of Tourism is a Government-attached agency answerable to the Government for the performance of the function of State management over tourism. It has the following tasks and powers:

1. To submit to the Government and the Prime Minister draft laws, ordinances, resolutions, decrees, decisions and other legal documents as defined in Articles 41 and 42 of this Ordinance;

2. To promulgate legal documents determining the criteria for the classification of tourist accommodation facilities and other legal documents on tourism according to their competence;

3. To organize the implementation of strategies, planning, plans and policies for tourist development;

4. To organize the training, fostering and development of tourism as well as scientific and technological research and application in the field of tourism;

5. To organize tourist promotion and international cooperation in tourism;

6. To grant, withdraw permits for international tour business, tourist guide cards, certificates of the classification of tourist accommodation facilities, permits for the establishment of representative offices of foreign tourist enterprises in Vietnam;

7. To examine and inspect; to settle complaints and denunciations and handle violations of the legislation on tourism according to its competence;

8. To perform other tasks and exercise other powers in State management over tourism as prescribed by law.

Article 44.-

1. The ministries, the ministerial-level agencies, the agencies attached to the Government shall, within their tasks and powers, have to coordinate with the General Department of Tourism in exercising State management over tourism and creating favorable conditions for tourist development.

2. The Government shall specify the responsibilities of the ministries, the ministerial-level agencies and the agencies attached to the Government in the performance of the tasks defined in Clause 1 of this Article.

Article 45.- The People�s Committees of the provinces and centrally-run cities shall exercise State management over tourism in their respective localities with the following tasks and powers:

1. Basing themselves on the ratified strategies, planning and plans on tourist development to decide the establishment of local tourist resorts, tourist lines and tourist sites and stipulate the management of the local tourist resorts and tourist sites;

2. To manage tourist resources and other tourism-related resources as assigned by the Government;

3. To manage tourist activities in their respective localities;

4. To examine, inspect; to settle complaints and denunciations and handle violations of the tourist legislation according to their competence;

5. To perform other tasks and exercise other powers in State management over tourism as prescribed by law.

Article 46.- The People�s Committees of districts, provincial towns and cities shall exercise State management over tourism in their respective localities according to the provisions of law.

Article 47.- The People�s Committees of communes, wards and townships shall have to undertake measures to ensure order, safety, civility and environmental hygiene at places of excursion and tourism; preserve and protect tourist resources and other tourism-related resources; perform other tasks and exercise other powers in the State management over tourism as prescribed by law.

Article 48.- The tourist inspectorate is the inspectorate specialized in tourism.

The organization, powers and tasks or the tourist inspectorate shall be defined by the Government.

Chapter VIII

COMMENDATION AND HANDLING OF VIOLATIONS

Article 49.- Organizations and/or individuals with meritorious achievements in tourist development shall be commended or rewarded in accordance with the provisions of law.

Article 50.- Persons who commit acts of violation of this Ordinance or of the tourist legislation shall, depending on the nature and seriousness of their violation, be subject to administrative sanction or examination for penal liability; and pay compensation if they cause damage, as prescribed by law.

Article 51.- Organizations and/or individuals that do tourist business with neither permit nor business registration or that fail to comply with their registered business lines; act as tourist guides for foreign tourists without tourist guide cards; commit acts of unlawfully making profits from tourists or other acts of violation of the tourist legislation shall, depending on the nature and seriousness of their violations, be subject to administrative sanctions or examination for penal liability; and pay compensation if they cause damage as prescribed by law.

Article 52.-

1. All law-breaching acts aimed at obstructing tourist activities shall be handled in accordance with the provisions of law.

2. Persons who abuse their position and/or power to violate the provisions of this Ordinance and other provisions of the tourist legislation shall, depending on the nature and seriousness of their violation, be disciplined or examined for penal liability; and pay compensation if they cause damage, as prescribed by law.

Chapter IX

IMPLEMENTATION PROVISIONS

Article 53.- All organizations and individuals engaged in tourist activities in the Socialist Republic of Vietnam shall have to observe the provisions of this Ordinance and related legal documents; Where it is otherwise provided for by an international agreement which the Socialist Republic of Vietnam has signed or acceded to, such international agreement shall apply.

Article 54.- Permits and tourist business registration certificates issued before the effective date of this Ordinance which are still valid and are not contrary to the provisions of this Ordinance continue to be effective.

Article 55.- This Ordinance takes effect from May 1st, 1999.

The earlier regulations contrary to this Ordinance are all now annulled.

Article 56.- The Government shall provide detailed guidance for the implementation of this Ordinance

On behalf of the National Assembly Standing Committee

Chairman

NONG DUC MANH